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The question

Is it permissible for a brother to buy his brother's land for a specific amount through the bank, then borrow the same amount from the brother himself for the purpose of marriage, with a promise to return the land to him after five years (the period of repayment of the debt to the bank), in order to obtain money for marriage? Is this permissible or forbidden, and what is the correct, Sharia-compliant way to do it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: The aforementioned agreement contains prohibited matters: 1. The agreement to return the land to your brother in exchange for his loan, after the bank buys it in cash and sells it to you on credit, is a trick to circumvent usury and is called "triple 'inah" or "triangular 'inah." 2. It is not permissible to agree that the बदले of the loan be another piece of land that is not specified or not owned by you, because it constitutes selling the unknown. However, if the land was specified and owned at the time of the loan, it would be permissible as a sale, not as a loan.

Secondly: For the validity conditions of the transaction, which includes the Murabaha sale between you and the bank, and the loan contract between you and your brother: 1. The bank must buy the land for itself before selling it to you. 2. The bank must take possession of the land it purchased before selling it to you. 3. It must not be a trick to circumvent usury, by avoiding collusion to return the item to its first seller (triple 'inah). 4. The bank must buy the land from the first seller at a fair market price, so that the increase does not become a benefit provided on the loan that you agreed upon with your brother.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
17572
Imported
Translation status
Source text, unreviewed
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